Claremont Restraining Order Attorney
Domestic violence is a severe and pervasive problem in the State of California. In many cases, the best way to stop the harassment, threats, or physical abuse is to get the police and the courts involved. If you experience violence in your home or otherwise fear for the safety of yourself or your family, contact the appropriate authorities as soon as possible and get out of the hostile situation as soon as you can safely do so.
After you have gotten out of the immediate danger, you may want to seek a restraining order. A restraining order can be the difference between living with daily threats or fear of violence and feeling safe and secure on behalf of yourself, your children, and your family. The California restraining order lawyers at Blasser Law can help you get the legal protection you need to feel safe in your home and life. You do not need to live in fear for your safety or the safety of your children or other loved ones. We understand the complex and delicate issues surrounding abuse, domestic violence, and other situations that lead to the necessity of a restraining order, and we will work with you to craft our representation around the needs specific to you and your family. You have the right to feel safe and secure in your home, at work, and on behalf of your loved ones, and we are here to help.
What is a Restraining Order?
A restraining order is a court-issued document that protects a person from physical pain, injury, threats, or abuse. You do not need to be married or in a romantic relationship with someone in order to seek a restraining order, although your relationship with the person may affect the type of restraining order you request. Restraining orders can be used to either restrict how a person can behave or even where they are allowed to go (e.g., limiting their ability to visit your home or place of work.)
In California, victims of domestic violence can seek a domestic violence restraining order (DVRO). DVROs can generally be obtained against a spouse, a former spouse, a domestic partner, a person whom you currently or formerly lived with, or a close family member. You can also seek a civil harassment restraining order if the person from whom you are seeking protection is not a family member or part of some other domestic relationship, such as a co-worker, friend, neighbor, or business acquaintance. Civil harassment restraining orders can be obtained against a person who has been harassing, threatening, stalking, or otherwise terrorizing you. There are also restraining orders available in the criminal context.
What types of DVROs are available?
In California, there are generally three types of DVROs: emergency protective orders, temporary (ex parte) restraining orders, and final DVROs. Emergency orders can be granted immediately but are short-term, meant for situations where there is an immediate threat of violence. They can last up to a week and are typically requested by police officers after responding to a domestic violence call.
Temporary orders are generally requested by the victims of domestic violence and can go into effect immediately after applying for a DVRO. They are also called “ex parte” orders because the applicant can obtain temporary orders without the target of the order (the person being restrained) having a chance to argue in court against the order. Temporary orders are meant to protect the DVRO applicant while waiting for a court date to have a final hearing; they are for situations in which the applicant faces immediate danger while the final DVRO is pending.
A final DVRO can be obtained after having a full hearing on the matter. You can apply for a final DVRO to last up to five years initially, and after five years, you can re-apply to renew the DVRO or have it extended permanently, depending on your need at that time.
What can a Restraining Order do?
Restraining orders are not “one size fits all” documents. Instead, restraining orders can be tailored to your particular circumstances and your specific needs, going just far enough to protect you and your family without creating an undue hardship for anyone involved. DVROs can include provisions to: prevent contact between the target and the applicant; prohibit any violence, threats, or harassment by the target against the victim; restrict the target from owning guns; limit visiting shared children to custody rules set by the court, including requiring supervised visits; require the target to pay child support, spousal support, or for other damages caused by abuse; or to prevent the target from interfering with any jointly-owned properties.
A DVRO is a court order, meaning that if the target violates any provisions, they could be subject to criminal penalties. If you have experienced any semblance of domestic violence and could benefit from a restraining order, contact a dedicated and understanding family law attorney to help you get the protection you need. If the restrained person has violated provisions of an existing restraining order, your family law attorney can help make sure that the person faces the appropriate consequences.
Get Compassionate Advice and Professional Assistance Obtaining a California Restraining Order
For seasoned, compassionate, and effective help seeking a restraining order, responding to domestic violence, or dealing with any other family law issues in California, contact a restraining order attorney at the Claremont offices of Blasser Law at 877-927-2181.